r 


III  I Ml 


Search  and  Seizure  Law  Of  Illinois 

and 

Attorney  General’s  Opinion 


Edward  J.  Brundage 
Attorney  General  of  Illinois 
1919 


[Printed  by  authority  of  the  State  of  Illinois.] 


Springfield,  III. 

Illinois  State  Journal  Co.,  State  Printers. 

19  19 


U) 


/ 7 ar.  5 

It  b^'s*. 

o f % 


Search  and  Seizure  Law  of  Illinois 


AND 


X 


Attorney  General’s  Opinion 


SENATE  BILL  NO.  130. 

A Bill  for  an  Act  to  restrict  the  manufacture,  possession  and  use  of 
intoxicating  liquor  within  prohibition  territory. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly:  That  the  words  and  phrases 
mentioned  in  this  section,  as  used  in  this  Act  and  in  proceedings  pur- 
suant hereto,  shall,  unless  the  same  be  inconsistent  with  the  context,  be 
construed  as  follows: 

“Carrier”  shall  include  only  common  carriers  of  property  who  have 
filed  their  schedules  of  rates  with,  and  are  operating  under  the  jurisdic- 
tion of  the  State  Public  Utilities  Commission;  and  draymen,  express- 
men  and  carters,  who  are  common  carriers  of  property  and  operating 
under  a license  from  the  city,  village  or  incorporated  town  within  which 
they  operate;  and  common  carriers  of  property  which  are  owned  or 
operated  by  any  city  of  this  State. 

“Druggist”  shall  mean  the  proprietor  of  a retail  drug  store,  phar- 
macy or  apothecary,  who  is  duly  authorized  by  law  to  sell  intoxicating 
liquor  within  prohibition  territory,  for  medicinal,  mechanical,  sacra- 
mental, chemical  and  manufacturing  purposes,  and  also  the  registered 
; pharmacist  in  personal  charge  of  the  pharmacy  in  any  bona  fide  hospital. 

“Highway”  shall  mean  any  water  course,  lake,  aerial  way,  railroad, 
road,  alley,  path  or  way  which  is  open  to  the  use  of  the  public. 

Intoxicating  Liquor  or  Liquids  shall  include  all  distilled,  spirituous, 
vinous,  fermented  or  malt  liquors  which  contain  more  than  one-half 
of  one  per  cent  by  volume  of  alcohol  and  all  alcoholic  liquids,  compounds 
and  preparations,  whether  proprietary,  patented  or  not,  which  are  pota- 
ble and  which  are  capable  of  or  suitable  for  being  used  as  a beverage. 

“Judge”  shall  mean  judge,  justice  of  the  peace  or  police  magistrate. 

“Police  officer”  shall  include  all  sheriffs,  deputy  sheriffs,  constables, 
marshals,  policemen,  mayors,  aldermen,  presidents  and  trustees  of  vil- 
lages and  towns,  city  and  village  commissioners  and  all  other  conserva- 
tors of  the  peace. 

“Prohibition  Territory”  shall  mean  any  and  all  territory  in  this 
State  within  which,  by,  under  or  through  any  ordinance  of  any  munici- 
Lpality  or  any  statute  or  statutes  of  this  State,  or  any  statute  or  statutes 
mf  the  United  States,  the  sale  of  intoxicating  liquor  or  the  licensing  of 
such  sale,  is  prohibited  with  or  without  exceptions  or  limitations : Pro- 


A A 


4 


vided,  the  phrase  “prohibition  territory”  shall  not  be  construed  to  in- 
clude territory  within  which  a municipal  ordinance,  providing  for  the 
granting  of  dramshop  licenses  within  such  territory,  is  in  force  and  not 
suspended : Provided , however , that  during  the  period  that  any  statute 
of  the  United  States  prohibiting  the  sale  of  intoxicating  liquor  is  in  j 
force,  all  ordinances  providing  for  the  granting  of  dramshop  licenses 
shall  be  suspended. 

Sec.  2.  Whoever,  under  this  Act,  manufactures,  sells  or  keeps  for  ( 
sale  any  intoxicating  liquor  for  medicinal,  sacramental,  chemical,  me- 
chanical or  manufacturing  purposes,  in  prohibition  territory,  shall  first 
secure  from  the  Attorney  General  of  this  State  a permit  to  manufacture, 
sell  or  keep  for  sale,  such  intoxicating  liquor.  Any  person  desiring  to 
obtain  a permit  as  herein  provided,  shall  file  a written  application  with 
the  Attorney  General,  giving  his  name  and  address,  nature  of  his  busi-! 
ness,  and  full  statement  of  grounds  on  which  application  is  made.  Such 
permit  shall  be  in  substantially  the  following  form: 

State  of  Illinois. 

Office  of  the  Attorney  General. 


This  is  to  certify  that.  located; 

at.  . . . (house  or  building  number  and  street)  in 

the (city  or  village)  of.. ..in  the 

county  of , Illinois,  is  authorized  for  a period  of 

twelve  (12)  months  from  the  date  of  this  permit,  to.  . . ... ...  . (manufac- 
ture, sell  or  keep  for  sale)  intoxicating  liquor  for 

(medicinal,  sacramental,  chemical,  mechanical  or  manufacturing)  pur- 
poses at (house  or  building  number  and  street)  in  the( 

(city  or  village)  of . , in  the  county  of 

. . .,  Illinois.  Subject  to  the  provisions  of  all  State  or 

United  States  statutes  or  municipal  ordinances,  affecting  the  manufac- 
ture, sale  or  keeping  for  sale,  of  intoxicating  liquor,  now  or  hereinafter 
in  effect  during  the  life  of  this  permit. 

Given  under  my  hand  and  seal  in  the  City  of  Springfield,  State  of 
Illinois,  this .day  of . ,19.  . . . 


Attorney  General  of  the  State  of  Ilinois. 

Sec.  3.  Whoever  shall,  within  prohibition  teritory,  by  himself  or 
another,  either  as  principal,  clerk  or  servant,  in  any  manner  manufac- 
ture, keep  for  sale,  order,  purchase,  receive,  transport  upon  any  high- 
way, cause  to  be  transported  upon  any  highway,  take  an  order  for,  sell, 
give  away,  or  dispose  of,  or  aid  any  person  in  procuring  any  intoxicating 
liquor  in  any  quantity  whatsoever,  shall  be  punished  in  the  manner  pre- 
scribed in  section  eight  (8)  of  this  Act:  Provided , that  nothing  in  this 
Act  shall  be  construed  to  forbid  the  manufacture,  storage  in  bonded 
warehouses,  or  transportation  in  bond,  of  intoxicating  liquor  for  medi- 
cinal, sacramental,  chemical,  mechanical  and  manufacturing  purposes, 
under  such  restrictions  and  regulations  as  are  now  or  may  hereafter  be 
provided  by  the  laws  of  the  United  States  or  of  this  State ; nor  to  forbid 
the  sale  by  such  manufacturer  to  wholesale  druggists  and  to  manufac- 
turers of  bona  fide  pharmaceutical  preparations,  and  by  such  wholesale 


5 


| 

B Lruggists  to  druggists  and  manufacturers  of  bona  fide  pharmaceutical 

■ (reparations ; nor  to  forbid  the  manufacture  of  vinegar  under  such  regu- 
lations and  restrictions  as  are  now  or  may  hereafter  be  provided  by  the 

■ aws  of  the  United  States,  or  of  this  State ; nor  to  forbid  the  purchasing 
|/i»r  keeping  for  sale  of  intoxicating  liquor  for  medicinal,  sacramental, 

chemical,  mechanical  and  manufacturing  purposes  when  purchased  and 
kept  for  sale  in  accordance  with  this  Act;  nor  to  forbid  any  consignee 
from  transporting  his  vessel  or  package  of  intoxicating  liquor  from  the 
Nearest  place  of  delivery  to  the  nearest  carrier  to  the  place  where  such 
liquor  is  to  be  used;  nor  to  forbid  any  person  to  whom  any  druggist  of 
Bjhe  countjr  has  lawfully  delivered  any  bottle  or  vessel  of  intoxicating 
liquor  from  transporting  such  liquor  to  the  place  where  it  is  to  be  used 
in  such  county. 

I Sec.  4.  Whoever  shall,  within  prohibition  territory,  in.  any  manner 
B ikanufacture,  advertise,  sell,  keep  for  sale,  order,  purchase,  receive, 
transport,  take  an  order  for,  give  away  or  in  any  manner  dispose  of  any 
; preparation,  compound  or  tablet  from  which  intoxicating  liquor  as  a 
Ejeverage  is  made,  shall  be  punished  in  the  manner  prescribed  in  section 
eight  (8)  of  this  Act. 

Sec.  5.  Whoever  shall,  by  himself  or  another,  either  as  principal, 
I clerk  or  servant,  within  prohibition  territory,  directly  or  indirectly,  in 
any  newspaper,  periodical,  circular,  handbill  or  price  list,  advertise  any 
1 intoxicating  liquor  for  sale  or  distribution,  or  publish  or  distribute  any 
I printed  matter  which  either  directly  or  indirectly  advertises  any  intoxi- 
X eating  liquor  for  sale  or  distribution,  or  display  or  post  or  suffer  to  be 
displayed  or  posted,  in,  on  or  about  any  building,  premises,  boat,  vehicle 
I or  any  other  place  whatsoever  under  his  control,  any  sign  or  other  ad- 
1 vertisement  of  any  liquor  manufacturer,  wholesale  or  retail  liquor 
I dealer,  or  display  or  post  or  suffer  to  be  displayed  or  posted,  any  sign 
or  other  advertisement  indicating  that  intoxicating  liquor  i$  kept  or 
k distributed  at  such  building,  premises,  boat,  vehicle  or  other  place,  shall 
N be  punished  in  the  manner  prescribed  in  section  eight  (8)  of  this  Act. 

Sec.  6.  Whoever  shall,  by  himself  or  another,  either  as  principal, 
clerk  or  servant,  within  this  State,  ship  or  cause  to  be  shipped,  or  offer 
for  shipment,  or  transport  by  any  means  whatsoever  upon  any  highway 
in,  through  or  into  prohibition  territory  any  vessel  or  package  contain- 
iing  any  intoxicating  liquor  which  is  not  so  labeled  or  marked  on  the  out- 
kside  cover  thereof  as  to  plainly  show  the  true  name  and  address  of  the 
; consignor  and  consignee,  the  kind  and  quantity  of  liquor  contained 
therein,  and  the  purpose  for  which  such  liquor  is  to  be  used  by  the 
y consignee,  and  the  place  where  such  liquor  is  to  be  used  by  the  con- 
k signee,  shall  be  punished  in  the  manner  prescribed  in  section  eight  (8) 
of  this  Act. 

Sec.  7.  Nothing  in  this  Act  shall  be  construed  to  forbid  any  car- 
rier from  receiving  and  transporting  intoxicating  liquor  upon  any 
■highway  within  prohibition  territory,  when  labeled  as  aforesaid,  so  long 
| as  such  carrier  shall,  immediately  upon  receipt  of  each  and  every  vessel 
or  package  of  intoxicating  liquor,  make  a legible  record  in  a permanently 
bound  book  which  such  carrier  shall  provide  for  that  purpose  and  for 
j|t|iat  purpose  only,  of  the  date  of  the  reception  of  such  vessel  or  package 

H 

it 


6 


f f I L i ' 

(if  frelceivdd  from  another  carrier),  the  name  thereof,  the  full  and  tru 
name  and  address  of  the  consignor  and  consignee  (stating  the  street  an 
house  number  of  the  consignee,  if  there  be  such;  if  not,  then  otherwis 
distinctly  designating  his  place  of  residence  and  the  place  where  th 
liquor  is  to  be  kept),  the  kind  and  quantity  of  liquor  contained  in  sue 
package,  the  purpose  for  which  such  liquor  is  to  be  used  by  the  consignee 
the  date  of  delivery  to  the  consignee,  and  shall  before  delivering  sue1 
liquor,  secure  the  signature  of  the  consignee  to  a statement  in  th 
presence  of  a witness,  in  such  record  book ; and  shall  keep  a duplicate  o 
such  book  on  the  vehicle  on  which  any  such  liquor  is  being  transporte 
on  any  highway,  open  to  the  inspection  of  all  peace  officers,  and  shal 
keep  for  the  period  of  three  (3)  years  such  record  book  and  all  state 
ments  of  consignees,  open  to  the  full  and  free  inspection  of  all  peac 
officers  and  .their  deputies  and  agents,  during  business  hours  at  th 
office  from  which  the  delivery  is  to  be  or  was  made,  and  to  allow  all  sue1 
officers,  their  deputies  and  agents,  to  copy  any  part  or  the  whole  of  an 
such  record  book  or  statement.  Each  page  of  such  record  shall  b 
substantially  in  the  following  form : 

CARRIER'S  LIQUOR  RECORD. 

. . (Name  of  Carrier.) 


Name  of  Con- 
signor. * 

Address  of  Con- 
signor. 

Residence  Ad- 
dress of  Con- 
signee. 

Business  Address 
of  Consignee. 

Quantity  of  Liq- 
uor. 

Purpose  for 
Which  Liquor  is 
to  be  Used  by 
Consignee. 

Date  When  Liquor 
Received  by  This 
Carrier. 


Name  of  Consignee. 


Kind  of  Liquor. 


From  What  Ca 
rier  Received. 


Place  Where  Li 
uor  is  to  be  Kep 
by  Consignee. 


Date  of  Delive 
to  Consignee. 


CONSIGNEE'S  STATEMENT  TO  CARRIER. 

To.  . (Name  of  Carrier) 

I do  hereby  solemnly  certify  upon  my  honor  and  under  penalty 
the  law  that  my  full  and  true  name  is 


7 


I j iat  I am  the  bona  fide  consignee  to  whom  the  intoxicating  liqiior  re- 
Bynred  to  in  the  foregoing  record  is  consigned;  that  I have  never  been 
R convicted  of  any  violation  of  the  law  entitled,  “An  Act  to  restrict  the 
■manufacture,  possession  and  use  of  intoxicating  liquor  within  prohibi- 
tion territory;”  that  each  and  every  statement  made  in  said  record  is 
H true  and  correct ; that  I will  not  use  or  suffer  any  other  person  to  use 
Ksfrid  liquor  for  any  other  purpose  than  the  one  therein  specified,  and 
g;v  will  keep  said  liquor  at  the  place  designated  until  used. 

Signed  at Illinois^  this.  . . .day  of , 19.  . . 

H fr'  (Signature  of  Consignee.) 

(Signature  of  Witness.) 

| Provided , the  phrase,  “Have  never  been  convicted,”  when  applicable 

jfeto  a druggist,  shall  be  construed  in  harmony  with  section  ten  (10)  of 
Sl’this  Act.  Ho  carrier  shall,  within  prohibition  territory,  turn  over  or  de- 
Kj  liver  any  intoxicating  liquor  under  any  circumstances  whatsoever  to 
any  person  who  has  been  convicted  of  any  violation  of  any  provision  of 
K this  Act,  to  any  minor,  to  any  person  intoxicated,  to  any  person  in  the 
W habit  of  getting  intoxicated,  to  any  person  under  a fictitious  name,  to 
m-  any  consignee  who  is  not  personally  known  to  the  carrier,  to  any  person 
I other  than  the  bona  fide  consignee,  or  to  any  consignee  whomsoever 
jf  except  when  consigned  as  follows: 

First — To  a druggist : Provided , it  shall  be  sufficient  for  the  label 
m:  on  the  package  of  such  liquor  and  the  record  to  show  that  such  liquor 
»..is  for  a druggist  without  setting  forth  the  purposes  for  which  he  may 
I?  dispose  of  the  same. 

Second — Wine:  To  any  bona  fide  church  or  religious  society  for 
ft  sacramental  purposes : Provided , the  priest,  rabbi,  minister  or  som6 
I authorized  official  of  such  church  or  society,  who  is  personally  known 
V to  the  carrier,  shall  sign  the  statement  for  and  on  behalf  of  such  church 
I;  or  society. 

Third — Alcohol : To  any  person  for  chemical,  mechanical  or  manu- 
w-  facturing  purposes. 

All  intoxicating  liquors  while  in  the  custody  of  any  carrier  shall 
I be  subject  to  inspection  of  all  peace  officers  and  such  officers  shall  be 
If  permitted  to  enter  the  premises  and  vehicle  of  any  carrier  for  that  pur- 
W,  pose.  Whoever,  by  himself  or  another,  either  as  principal,  clerk  or 
W servant,  shall  fail,  refuse  or  neglect  to  discharge  any  duty  imposed  by 
| this  section,  or  shall  make  any  false  entry  in  any  such  record  book,  or 
i;  deliver  any  intoxicating  liquor  to  any  consignee  except  for  the  foregoing 
I purposes,  or  before  the  consignee  shall  have  signed  the  foregoing  state-' 
:•  ment  in  the  presence  of  a witness,  or  do  any  other  act  prohibited  by 
y this  section,  shall  for  each  offense  be  punished  in  the  manner  prescribed 
v-  in  section  eight  (8)  of  this  Act. 

Sec.  8.  Whoever  shall  violate  any  provision  of  either  of  sections 
£ three  (3),  four  (4),  five  (5),  six  (6),  seven  (7),  or  thirteen  (13)  of 
v this  Act,  or  shall  do  or  neglect,  omit  or  refuse  to  do,  anything  required  or 
| prohibited  by  this  Act  when  there  is  no  specific  penalty  or  punishment 


8 


imposed  by  this  Act  for  such  act  or  omission,  shall  for  each  offense,  upci 
conviction  thereof,  be  fined  not  less  than  fifty  dollars  ($50)  nor  mo£ 
than  five  hundred  dollars  ($500),  or  imprisoned  in  the  county  jail  fa* 
not  less  than  twenty  (20)  days  nor  more  than  sixty  (60)  days,  or  botl, 
in  the  discretion  of  the  court.  If  any  person  shall  be  convicted  of  vio- 
lating any  provision  of  any  such  sections,  and  shall  subsequently  violate 
any  provision  of  any  such  sections,  for  such  second  and  each  subsequent 
violation  he  shall,  upon  conviction  thereof,  be  fined  not  less  than  tw^> 
hundred  dollars  ($200)  nor  more  than  five  thousand  dollars  ($5,000), 
and  be  imprisoned  in  the  county  jail  for  not  less  than  ninety  (90)  days 
nor  more  than  one  (1)  year,  in  the  discretion  of  the  court. 

Sec.  9.  Nothing  in  this  Act  shall  be  construed  to  forbid  any  drug*- 
gist,  who  has  received  the  permit  provided  for  in  section  two  (2),  from 
keeping  intoxicating  liquor  and  dispensing  the  same,  so  long  as  he  shall 
faithfully  provide  and  keep  all  the  records,  prescriptions  and  application^ 
provided  for  herein;  nor  to  prohibit  him  if  he  be  a registered  pharmaj- 
cist,  local  registered  pharmacist  or  registered  assistant  pharmacist,  nojr 
to  prohibit  any  registered  pharmacist  or  local  registered  pharmacist  oh 
registered  assistant  pharmacist  employed  by  such  druggist  within  his 
pharmacy,  from  dispensing  intoxicating  liquor  for  medicinal  purposes 
only  upon  the  written  prescription  in  each  instance  of  a duly  licensed 
physician  personally  known  to  such  druggist  and  actively  engaged  in 
the  practice  of  his  profession,  provided  Such  prescription  shall  be  written 
in  ink,  addressed  to  such  druggist,  dated  and  signed  by  such  physician, 
and  shall  state  the  full  and  true  name  and  residence  address  (stating 
the  street  and  house  number,  if  there  be  such,  if  not  then  otherwise  dis- 
tinctly designating  his  place  of  residence)  of  the  person 'for  whom  the 
liquor  is  prescribed,  and  likewise  the  place  where  such  liquor  is  to  be 
administered,  and  that  such  physician  has  personally  examined  such  per  • 
son  and  that  he  is  in  immediate  need  of  the  kind  and  amount  of  liquo'* 
prescribed,  and  state  the  name  and  address  as  aforesaid,  of  the  person 
to  whom  such  druggist  is  to  deliver  such  liquor;  and  provided  such 
druggist,  before  delivering  such  liquor,  shall  cancel  such  prescription  by 
plainly  writing  or  stamping,  in  ink,  across  the  face  thereof  the  word 
“cancelled; ” stating  the  date  (giving  the  date  and  hour)  of  such  delivery; 
and  provided  the  pharmacist  filling  such  prescription  shall  sign  his  5 
name  to  such  cancellation;  and  provided,  further,  that  such  druggist,  i 
before  such  delivery,  shall  make  a true  and  legible  record  of  such  sale  1 
in  a permanently  bound  book,  which  the  druggist  shall  provide  for  that  j 
purpose  and  that  purpose  only,  giving  the  full  and  true  name  and  resi-  .• 
dence  address,  as  aforesaid,  of  the  person  to  whom  delivered,  the  name  > 
and  residence  address,  as  aforesaid,  of  the  person  for  whom  the  liquor  is 
prescribed  and  the  place  where  it  is  to  be  administered,  the  kind  and 
quantity  of  liquor  sold,  the  purpose  for  which  it  is  sold,  the  date  of  the 
prescription,  the  name  and  addres^of  the  physician  issuing  the  same,  and 
shall  secure  a receipt  upon  such  record~bOok  for  such  liquor  signed  by 
the  person  to  whom  it  is  delivered,  and  before  delivering  such  liquor 
shall  permanently  attach  to  the  bottle  or  vessel  a label  containing  the  3 
name  and  address  of  the  druggist  making  the  sale  aird  a copy  of  the  | 


9 


aforesaid  record,  and  provided  such  druggist  shall  keep  such  record  book 
and  all  prescriptions  on  file  at  such  pharmacy  for  the  space  of  five  (5) 
years,  open  to  the  full  and  free  inspection  of  the  public  at  all  times 
during  business  hours:  Provided , such  druggist  may,  without  such 
prescription,  by  strictly  complying  with  all  the  foregoing  provisions,  sell 
wine  for  sacramental  purposes  only  to  any  Iona  fide  church  or  religious 
society  upon  the  written  application  in  each  instance  of  the  governing 
body  of  such  church  or  society  personally  presented  by  a priest,  rabbi, 
minister  or  other  official  of  such  church  or  society  who  is  personally 
known  to  such  druggist  to  be  such ; and  alcohol  for  mechanical,  chemical 
or  manufacturing  purposes  only  to  any  person  who  is  personally  known 
to  such  druggist  and  who  has  never  been  convicted  of  any  violation  of 
this  Act,  and  is  not  a minor,  or  an  intoxicated  person,  or  a person  in 
the  habit  of  getting  intoxicated,  upon  the  written  application  in  each 
instance  personally  presented  by  such  person.  All  such  applications  shall 
be  written  in  ink,  addressed  to  such  druggist,  dated  and  signed,  and 
shall  state  the  kind  and  quantity  of  wine  or  alcohol  required,  and  the 
purpose  for  which  it  is  to  be  used,  and  the  full  and  true  name  and 
address  as  aforesaid,  of  the  purchaser,  and  likewise  the  place  where  the 
wine  or  alcohol  is  to  be  kept  and  used,  and  that  he  solemnly  certifies 
upon  his  honor  and  under  penalty  of  the  law  that  he  will  not  use  or 
suffer  any  other  person  to  use,  such  wine  or  alcohol  for  any  other  pur- 
pose than  the  one  specified  in  the  application,  and  will  keep  the  liquor 
at  the  place  designated  until  used.  Such  application  shall  be  cancelled, 
filed  and  kept  as  aforesaid,  and  shall  be  substantially  in  the  following 
form : 

PURCHASER’S  APPLICATION  TO  DRUGGIST. 

To (Name  of  Druggist)  : 

I do  hereby  solemnly  certify  upon  my  honor  and  under  penalty  of 

the  law  that  my  full  and  true  name  is ; 

that  I reside  at (house  number  and  street) 

in  the (city  or  village)  of , 

in  the  county  of , Illinois;  that  I have  never  been 

convicted  of  any  violation  of  the  law  entitled,  “An  Act  to  restrict  the 
manufacture,  possession  and  use  of  intoxicating  liquor  within  prohibi- 
tion territory;”  that  I require (quantity)  of 

L (wine  or  alcohol)  to  be  used  for 

(sacramental,  mechanical,  chemical  or  manufacturing)  purposes  at 

|. (house  number  and  street)  in  the 

j(city  or  village)  of , in  the  county  of , 

Illinois;  that  I will  not  use  or  suffer  any  other  person  to  use  such 

j- (wine  or  alcohol)  for  any  other  purpose  than  the  one 

above  specified  and  will  keep  the (wine  or  alcohol)  at  the 

place  designated  until  used. 


(Signature  of  purchaser.) 

Sec.  10.  Any  druggist  who  shall,  by  himself  or  another,  within 
prohibition  territory,  sell,  give  away,  or  in  any  manner  dispose  of  any 


10 


intoxicating  liquor,  or  in  any  manner  aid  any  person  in  procuring  any 
intoxicating  liquor,  in  any  quantity  whatsoever,  without  strictly  com- 
plying with  sections  two  (2)  and  nine  (9)  of  this  Act  shall,  for  each 
offense,  be  fined  not  less  than  two  hundred  dollars  ($200.00),  nor  more 
than  four  hundred  dollars  ($400.00),  or  imprisoned  in  the  county  jail 
for  not  less  than  ten  (10)  days,  nor  more  than  thirty  (30)  days,  or  both, 
in  the  discretion  of  the  court;  and  it  shall  be  unlawful  for  him,  either 
with  or  without  a permit,  to  receive  or  keep  any  intoxicating  liquor 
within  prohibition  territory  for  the  period  of  two  (2)  years  after  such 
first  conviction.  The  court  in  which  such  conviction  is  had  shall  send 
notice  to  the  Attorney  General,  upon  receipt  whereof  the  permit  provided  | 
for  in  section  two  (2)  shall  be  forthwith  revoked  for  the  period  of  two  !j 
(2)  years  after  such  conviction.  If  any  druggist  shall  be  convicted  of 
violating  any  provision  of  this  section,  and  shall  subsequently  violate 
any  provision  of  this  section,  he  shall,  upon  conviction  thereof,  for  each 
offense,  be  fined  not  less  than  four  hundred  dollars  ($400.00  )9  nor  more 
than  eight  hundred  dollars  ($800.00),  and  be  imprisoned  in  the  county 
jail  not  less  than  ninety  days  (90),  nor  more  than  one  year  (1),  in  the 
discretion  of  the  court ; and  it  shall  be  unlawful  for  him,  either  with  or 
without  a permit  to  receive  or  keep  any  intoxicating  liquor  within  pro- 
hibition territory  for  the  period  of  five  years  (5)  after  such  second 
conviction ; and  if  he  be  a registered  pharmacist,  local  registered  pharma- 
cist, or  registered  assistant  pharmacist,  it  shall  be  part  of  the  judgment 
upon  such  second  conviction  that  his  certificate  to  practice  pharmacy 
shall  be  forthwith  revoked,  and  the  court  before  which  such  conviction 
is  had  shall  so  order  and  forthwith  cause  a copy  of  such  order  to  be 
sent  to  the  Director  of  Eegistration  and  Education,  upon  receipt  whereof, 
such  certificate  shall  be  forthwith  revoked  by  the  Department  of  Eegis-  ; 
tration  and  Education  and  shall  not  be  renewed  for  the  period  of  two 
years  (2)  after  such  revocation,  and  the  court  shall  further  send  notice  • 
to  the  Attorney  General,  of  such  conviction,  and  upon  receipt  whereof 
the  permit  provided  for  in  section  two  (2)  shall  be  forthwith  revoked 
for  the  period  of  five  years  (5)  after  such  conviction.  A certified  tran- 
script of  the  judgment  of  such  conviction  shall  be  sufficient  evidence  of 
such  conviction  to  such  Department  of  Eegistration  and  Education  and 
Attorney  General.  And  in  like  manner,  if  he  shall  subsequently  violate  | 
any  provision  of  this  section,  for  such  third  violation,  he  shall,  for  each  : 
offense,  be  fined  not  less  than  five  hundred  dollars  ($500.00),  nor  more  ^ 
than  one  thousand  dollars  ($1,000.00),  and  be  imprisoned  in  the  peni-  J 
tentiary  for  not  less  than  one  year  (1),  nor  more  than  three  years  (3),  and 
if  he  be  a registered  pharmacist,  local  registered  pharmacist,  or  registered  ,:1 
assistant  pharmacist,  it  shall  be  part  of  the  judgment  upon  such  third  v 
or  any  subsequent  conviction,  that  his  certificate  to  practice  pharmacy  M 
shall  be  forthwith  revoked  as  aforesaid,  and  he  shall  forever  thereafter  be 
barred  from  practicing  pharmacy  in  this  State,  or  holding  any  permit 
to  manufacture,  sell  or  keep  for  sale,  intoxicating  liquor. 

Sec.  11.  Any  registered  pharmacist,  local  registered  pharmacist,  a 
or  registered  assistant  pharmacist  who  shall  sell,  give  away,  or  in  any  ^ 
manner  dispose  of  any  intoxicating  liquor,  or  in  any  manner  aid  any  ;; 
person  in  procuring  any  intoxicating  liquor  in  any  quantity  whatsoever, 


11 


within  prohibition  territory,  without  strictly  complying  with  sections 
two  (2)  and  nine  (9)  of  this  Act,  shall  for  each*  offense,  be  fined  not  less 
than  one  hundred  dollars  ($100.00),  nor  more  than  four  hundred  dol- 
lars ($400.00),  or  be  imprisoned  in  the  county  jail  for  not  less  than 
thirty  days  (30),  nor  more  than  ninety  days  (90),  or  both,  in  the  discre- 
tion of  the  court.  If  any  such  pharmacist  shall  be  convicted  of  violating 
any  provisions  of  this  section  and  shall  subsequently  violate  any  pro- 
vision of  this  section,  he  shall,  for  each  offense,  be  fined  not  less  than 
two  hundred  dollars  ($200.00),  nor  more  than  eight  hundred  dollars 
($800.00),  and  be  imprisoned  in  the  county  jail  for  not  less  than  ninety 
days  (90),  nor  more  than  one  year  (1),  in  the  discretion  of  the  court; 
and  it  shall  be  part  of  the  judgment  upon  such  second  conviction,  that 
his  certificate  to  practice  pharmacy  shall  be  forthwith  revoked,  and  the 
court  before  whom  such  conviction  is  had  shall  so  order  and  forthwith 
cause  a copy  of  such  order  to  be  sent  to  the  Director  of  Registration  and 
Education,  upon  receipt  whereof  such  certificate  shall  be  forthwith  re- 
voked by  the  Department  of  Registration  and  Education,  and  shall  not 
be  renewed  for  the  period  of  two  years  (2)  after  such  revocation,  and 
the  court  shall  further  send  notice  of  such  conviction  to  the  Attorney 
General,  upon  receipt  whereof  the  permit  provided  for  in  section  two 
(2)  shall  be  forthwith  revoked  for  the  period  of  two  (2)  years  after 
such  conviction.  A certified  transcript  of  the  judgment  of  such  con- 
viction shall  be  sufficient  evidence  of  such  conviction  to  such  Depart- 
ment of  Education  and  Registration,  and  Attorney  General.  And  in 
like  manner,  if  he  shall  subsequently  violate  any  provision  of  this  section, 
for  such  third  violation  he  shall,  for  each  offense,  he  fined  not  less  than 
five  hundred  dollars  ($500.00),  nor  more  than  one  thousand  dollars 
($1,000.00),  and  be  imprisoned  in  the  penitentiary  for  not  less  than 
one  year  (1),  nor  more  than  three  years  (3),  and  it  shall  he  part  of  the 
judgment  upon  such  third  conviction  that  his  certificate  to  practice 
pharmacy  shall  be  forthwith  revoked  as  aforesaid,  and  he  shall  forever 
thereafter  he  barred  from  practicing  pharmacy  in  this  State,  and  of 
holding  any  permit  to  manufacture,  sell  or  keep  for  sale,  intoxicating 
liquor. 

Sec.  12.  Any  physician  who  shall  write  a prescription  for  intoxi- 
cating liquor  without  having  first  personally  examined  the  person  for 
whom  the  prescription  is  written,  and  without  having  ascertained  that 
such  person  requires  such  liquor  for  medicinal  use,  or  who  shall  make 
a false  statement  in  any  prescription,  or  write  a prescription  to  enable 
any  person  to  procure  any  intoxicating  liquor,  or  in  any  manner  procure 
or  aid  in  procuring  any  intoxicating  liquor  for  any  person  within  prohi- 
bition territory,  except  to  be  used  in  the  treatment  of  a bond  fide  case 
of  sickness,  shall,  for  each  offense,  be  fined  not  less  than  two  hundred 
dollars  ($200.00)  nor  more  than  five  hundred  dollars  ($500.00),  or  be 
imprisoned  in  the  county  jail  for  not  less  than  sixty  days  (60),  nor 
more  than  six  (6)  months  or  both,  in  the  discretion  of  the  court.  If 
any  physician  shall  be  convicted  of  violating  any  provision  of  this  sec- 
tion and  shall  subsequently  violate  any  provision  of  this  section,  he 
shall,  for  each  offense,  be  fined  not  less  than  five  hundred  dollars 
($500.00),  nor  more  than  one  thousand  dollars  ($1,000.00).  and  be 


imprisoned  in  the  county  jail  for  not  less  than  six  months  (6),  nor 
more  than  one  year  (1);  in  the  discretion  of  the  court;  and  it  shall  be 
part  of  the  judgment  upon  such  second  conviction  that  his  license  to 
practice  medicine  shall  be  forthwith  revoked,  and  the  court  before 
whom  such  conviction  is  had  shall  so  order  and  forthwith  cause  a copy 
of  such  order  to  be  sent  to  the  Director  of  Eegistration  and  Education, 
upon  receipt  whereof  his  license  to  practice  medicine  shall  be  forthwith 
revoked  by  such  Department  and  shall  not  be  renewed  for  the  period 
of  two  years  (2)  after  such  revocation.  A certified  transcript  of  the 
judgment  of  such  conviction  shall  be  sufficient  evidence  of  such  con- 
viction to  such  Department.  And  in  like  manner,  if  he  shall  subse- 
quently violate  any  provision  of  this  section,  he  shall,  for  each  offense, 
be  fined  not  less  than  five  hundred  dollars  ($500.00) 9 nor  more  than  one 
thousand  dollars  ($1,000.00),  and  be  imprisoned  in  the  penitentiary 
for  not  less  than  one  year  (1),  nor  more  than  three  years  (3)  ; and 
it  shall  be  part  of  the  judgment  upon  such  third  conviction  that  his 
license  to  practice  medicine  shall  be  forthwith  revoked  as  aforesaid,  and 
he  shall  forever  thereafter  be  barred  from  practicing  medicine  in  this 
State. 

Sec.  13.  Any  consignee,  purchaser,  or  person  to  whom  any  intoxi- 
cating liquor  shall  be  delivered,  under  the  provisions  of  this  Act,  who 
shall  use  any  intoxicating  liquor  received  from  any  carrier  or  druggist 
for  any  other  purpose  than  the  one  stated  in  such  carrier’s  or  druggist’s 
record,  or  suffer  any  other  person  to  do  so,  or  who  shall  fail  or  neglect 
to  keep  such  liquor  in  the  original  labeled  vessel  and  at  the  place 
designated,  until  used,  shall  be  punished  in  the  manner  prescribed  in 
section  eight  (8)  of  this  Act:  Provided , the  sheriff  of  the  county  may, 
in  his  discretion,  grant  a written  permit  to  remove  such  liquor  to  an- 
other designated  place. 

Sec.  14.  Whoever  shall  forge  the  signature  of  any  consignee  or 
sign  a fictitious  name,  or  the  name  of  any  other  person  to  any  druggist’s 
record  or  to  any  purchaser’s  application  to  a druggist,  or  forge  the  sig- 
nature of  any  physician  to  any  supposed  prescription  for  intoxicating 
liquor,  or  having  been  convicted  of  a violation  of  any  provision  of  this 
Act,  shall  sign  a statement  to  any  carrier  or  druggist  in  order  to 
receive  intoxicating  liquor  from  such  carrier  or  druggist  under  the 
provisions  of  this  Act,  or  shall  wilfully  alter,  add  to,  deface,  or  destroy 
any  carrier’s  or  druggist’s  record,  consignee’s  statement  to  carrier,  appli- 
cation to  a druggist,  prescription  for  intoxicating  liquor,  or  label  upon 
any  vessel  or  package  of  intoxicating  liquor,  or  shall  feloniously  steal 
or  cancel  any  carrier’s  or  druggist’s  record,  consignee’s  statement  to 
carrier,  purchaser’s  application  to  a druggist,  or  prescription  for  intoxi- 
cating liquor,  required  to  be  kept  under  the  provision  of  this  Act,  shall, 
on  conviction  thereof,  be  imprisoned  in  the  penitentiary  for  not  less 
than  one  (1)  year  nor  more  than  three  (3)  years. 

Sec.  15.  All  places  within  prohibition  territory,  where  any  intoxi- 
cating liquor  is  manufactured,  kept  for  sale,  used  or  in  any  manner  dis- 
posed of  in  violation  of  any  provision  of  this  Act,  shall  be  taken  and 
held  and  are  hereby  declared  to  be  common  nuisances,  and  may  be 
abated  as  such;  and  whoever  shall  keep  any  such  place  by  himseif  or 
his  agent  or  servant,  shall,  upon  conviction  thereof,  be  fined  not  less 


13 


I than  two  hundred  dollars  ($200)  nor  more  than  five  hundred  dollars 
B($500),  or  confined  in  the  comity  jail  for  not  less  than  thirty  (30)  days 
m nor  more  than  six  ( 6 ) months,  or  both,  in  the  discretion  of  the  court,  and 
I it  shall  be  part  of  the  judgment,  upon  conviction  of  the  keeper,  that 
1 the  place  so  kept  shall  be  shut  up  and  abated  until  the  keeper  shall 
l give  bond  with  sufficient  surety  to  be  approved  by  the  court  in  the  penal 
I sum  of  five  thousand  dollars  ($5,000),  payable  to  the  People  of  the 
I State  of  Illinois,  conditioned  that  he  wfill  not  violate  any  of  the  pro- 
l visions  of  this  Act,  and  in  case  of  a violation  of  the  condition  of  such 
i bond,  suit  may  be  brought  and  recovery  had  thereon  for  the  amount  of 
l said  bond  for  the  use  of  the  county. 

Sec.  16.  All  intoxicating  liquor  manufactured,  kept  for  sale,  used, 

■ disposed  of,  or  transported  within  prohibition  territory,  in  violation  of 
any  lawT  of  this  State,  with  all  vessels  containing  the  same,  and  all  im- 
plements, furniture  and  vehicles  kept  or  used  for  any  such  purposes, 
are  hereby  declared  to  be  common  nuisances,  and  shall  be  subjected  to 

f seizure,  confiscation  and  destruction  in  the  manner  hereinafter  provided. 
^ Whenever*  complaint  is  made  in  writing,  verified  by  affidavit,  to  any 
- judge  having  cognizance  of  criminal  offenses  within  such  prohibition 
territory,  that  complainant  has  just  and  reasonable  grounds  to  believe 
and  does  believe  that  intoxicating  liquor  is  manufactured,  kept  for  sale, 
I used,  disposed  of,  or  transported  in  violation  of  any  law  of  this  State 
\ in  any  house,  building,  premises,  boat,  vehicle,  receptacle,  or  any  other 

■ place  whatsoever  (particularly  describing  and  designating  the  same)  in 
I prohibition  territory,  with  the  facts  upon  which  such  belief  is  based, 

the  judge  may  issue  a search  warrant  as  hereinafter  provided:  Pro- 
I vided,  however , no  warrant  shall  be  issued  to  search  a private  dwelling 
I occupied  as  such  unless  such  warrant  is  signed  by  two  judges,  and 
; unless  such  residence  is  a place  of  public  resort,  or  intoxicating  liquor 
I is  sold  or  kept  for  sale  in  violation  of  the  law.  Each  complaint  may  be 
f substantially  in  the  following  form : 

I State  of  Illinois,  1 
I 

j*  ss. 

I County  of J 

COMPLAINT  FOR  SEARCH  WARRANT 

The  Complaint  and  Affidavit  of (name 

| of  complainant)  of ...(his  residence)  made  before 

I (name  of  officer)  one  of  the (official  title  of  officer) 

l in  and  for -said (county,  city  or  village,  as  the  case  may  be) 

I on  this,  the . .day  of 19.  . . .,  who,  being  first 

duly  sworn,  upon  his  oath  says:  that  he  has  just  and  reasonable  grounds 
j?  to  believe  and  does  believe  that  intoxicating  liquor  is  now  unlawfully 

t (manufactured,  kept  for  sale,  used,  disposed  of,  or  trans- 

% ported,  as  the  case  may  be)  within  prohibition  territory,  to-wit:  At 

: and  within  a certain.  (here  describe  the  house,  building, 

I premises,  boat,  vehicle,  receptacle,  or  other  place,  to  be  searched,  with 
I particulars  as  to  its  location  suffieientty  to  identify  it,  stating  the  name 
I of  the  person  occupying  the  same,  if  known)  in  the (city, 


village  or  town)  of , , in  the  county  and  State 

aforesaid;  and  that  the  following  are  the  reasons  for  his  belief,  to-wit: 
(here  insert  the  fact  upon  which  such  belief  is  based). 

Wherefore,  he  prays  that  a search  warrant  may  issue  according 
to  law. 


(Signature  of  Complainant). 

Subscribed  and  Sworn- to  before  me  this day  of 

> 


(Official  title  of  officer.) 


(Official  title  of  officer.) 

Sec.  17.  If  the  judge  or  judges  before  whom  any  such  complaint  is 
made  is  satisfied  that  there  is  reasonable  cause  for  such  belief,  he  shall 
issue  a warrant  directed  to  any  peace  officer  having  jurisdiction  within 
such  prohibition  territory,  whom  the  complainant  may  designate,  com- 
manding him  in  the  day  time  to  forthwith  enter  the  house,  building,, 
premises,  boat,  vehicle,  receptacle,  or  other  place  therein  described  and 
designated  (which  shall  be  particularly  described  and  designated  in  the 
warrant  as  in  the  complaint)  and  make  diligent  and  careful  search  for 
intoxicating  liquor  and  if  any  intoxicating  liquor  be  there  found,  to 
seize  the  same,  with  the  vessels  containing  the  same,  and  all  implements, 
furniture  and  vehicles  kept  or  used  for  the  purpose  of  violating  or  with 
which  to  violate,  any  law  of  this  State,  and  bring  the  same,  and  any  and 
all  persons  (if  any  there  be)  in  whose  possession  they  are  found,  before 
the  judge  who  issued  the  warrant,  or  in  case  of  his  absence  or  inability 
to  act,  before  some  other  judge  having  cognizance  of  the  case.  Such 
warrant  may  be  substantially  in  the  following  form : 

State  of  Illinois,  ] 

}■  ss. 

County  of J 

SEARCH  WARRANT. 

To  the  People  of  the  State  of  Illinois: 

To (insert  name  and  official  title 

of  officer)  in  and  for (county,  city  or  village,  as  the 

case  may  be)  of Greeting: 

Whereas,  a complaint  was  this  day  made  in  writing,  verified  by 

the  affidavit  of (official  title  of  officer)  in  and  for 

said (County,  city  or  village,  as  the  case  may  be), 

stating  that  said  complainant  has  just  and  reasonable  grounds  to  believe 

and  does  believe  that  intoxicating  liquor  is  now  unlawfully 4 

(manufactured,  kept  for  sale,  used,  disposed  of,  or  transported,  as  the 
case  may  be)  within  prohibition  territory,  to-wit:  At  and  within  a 
certain (here  copy  the  full  descrip- 

tion of  the  place  to  be  searched  as  set  forth  in  the  complaint)  in  the* 
(city,  village  or  town)  of 


15 


in  the  county  and  State  aforesaid,  and  from  the  facts  upon  which  such 
belief  is  based,  as  set  forth  in  said  complaint,  the  undersigned  is  satis- 
fied that  there  is  reasonable  cause  for  such  belief. 

We  Therefore  Command  You,  in  the  name  of  the  People  of  the 
State  of  Illinois,  taking  with  you  the  necessary  and  proper  assistance  in 

the (day  or  night  time,  as  the  case  may  be)  to 

forthwith  enter  the  said (house,  building,  premises, 

boat,  vehicle,  receptacle  or  other  place,  as  the  case  may  be)  hereinabove 
described,  and  make  diligent  and  careful  search  for  intoxicating  liquor 
and  seize  and  bring  any  and  all  intoxicating  liquor  there  found  and  all 
vessels  containing  the  same,  and  all  implements,  furniture  and  vehicles 
kept  or  used  for  the  purpose  of  violating  or  with  which  to  violate  any 
law  of  this  State,  there  found,  and  any  and  all  persons  (if  any  there  be) 
in  whose  possession  they  are  found,  forthwith  before  me  at  my  office  in 
(insert  location),  or  in  case  of  my  absence  or  in- 
ability to  act,  before  some  other  judge  or  justice  of  the  peace  having 
cognizance  of  the  case,  to  be  dealt  with  according  to  law. 

Given  Under  My  Hand  and  Seal  at  my  said  office  this 

day  of , 19.  . . . 

[seal] 

Provided , if  it  shall  appear  that  any  such  intoxicating  liquor  is 
likely  to  be  disposed  of  or  removed  during  the  night,  any  two  judges  may 
issue  such  warrant  to  search  any  such  house,  building,  premises,  boat, 
vehicle,  receptacle  or  other  place,  in  the  night  time,  and  shall  so  direct 
and  state  in  the  warrant.  Any  warrant  issued  by  two  judges  shall  be 
returnable  to  either  of  the  judges  issuing  the  same,  or  in  case  both  be 
absent  or  unable  to  act,  before  some  other  judge  having  cognizance  of 
the  case.  Ho  intoxicating  liquor  or  other  property  seized  by  virtue  of 
any  such  warrant  shall  be  discharged  or  returned  to  any  person  claiming 
the  same  on  account  of  any  insufficiency  or  informality  in  the  complaint 
or  warrant,  or  because  it  is  not  under  the  seal  of  the  judge,  but  the 
complaint  or  warrant  may  be  amended  by  the  judge  at  any  time  pending 
the  proceedings.  Any  claimant  shall  be  entitled  to  have  his  right  of 
property  in  such  liquor  and  other  property  tried  in  a summary  manner 
before  the  judge  to  whom  the  search  warrant  may  have  been  returned. 

Sec.  18.  When  intoxicating  liquor  is  seized  the  officer  making  such 
seizure  shall  in  his  return  upon  the  warrant,  particularly  specify  all  the 
intoxicating  liquor  and  other  property  taken,  and  the  place  where,  and 
the  person  (if  any  there  be)  from  whom  the  same  was  taken,  and  shall 
safely  keep  the  same  subject  to  the  disposition  of  the  judge  or  court. 
Ho  intoxicating  liquor  or  other  property  seized  under  this  Act  shall 
be  taken  from  the  custody  of  the  officer  by  a writ  of  replevin  or  other 
process,  while  any  proceedings  provided  for  in  this  Act  are  pending.  A 
final  judgment  ordering  the  forfeiture  of  such  intoxicating  liquor  or 
property  so  seized  shall  be  a bar  to  all  suits  for  the  recovery  of  the  same 
or  the  value  thereof,  or  for  any  damage  arising  by  reason  of  the  seizing 
or  detention  thereof. 

Sec.  19.  If  any  person  shall  be  arrested  upon  any  search  warrant 
the  officer  serving  the  same  shall  forthwith  make  and  file  in  the  proper 
court  or  before  the  proper  judge,  an  information  or  complaint  charging 


16 


a violation  of  any  of  the  provisions  of  any  statute  or  municipal  ordi- 
nance of  this  State  that  may  appear  to  have  been  committed  by  such 
person,  but  nothing  herein  contained  shall  prevent  any  person  from 
filing  such  information  or  complaint  before  or  after  the  search  warrant 
is  issued.  When  any  suit  or  prosecution  is  commenced  for  a violation 
of  any  law,  all  intoxicating  liquor,  vessels,  implements,  furniture  and 
vehicles  seized  may  be  produced  or  used  as  evidence  upon  such  trial  and 
shall  be  safely  kept  under  the  direction  of  the  judge  or  court,  so  long  as 
may  be  needed  for  that  purpose.  Such  trial  shall  take  place  as  speedily 
as  possible  and  shall  have  preference  in  the  order  of  hearing  to  other 
cases  pending  before  the  judge  or  court  hearing  the  same.  As  soon  as 
all  such  cases  are  disposed  of,  if  it  shall  appear  that  such  intoxicating 
liquor  was  manufactured,  kept  for  sale,  used,  disposed  of,  or  trans- 
ported in  violation  of  any  provision  of  any  statute  or  municipal  ordi- 
nance of  this  State,  or  any  statute  of  the  United  States,  the  same,  with 
the  vessels,  implements,  furniture  and  vehicles  seized  therewith  shall  be 
adjudged  forfeited  and  ordered  forthwith  destroyed  in  the  manner  in 
which  the  judge  or  court  may  direct,  and  the  officer  executing  such 
order  shall  make  return  thereon  to  such  judge  or  court  as  to  his  doings 
in  the  premises ; otherwise  the  same  shall  be  returned  to  the  lawful 
owner  thereof.  If  it  shall  appear  that  there  was  no  probable  cause  for 
swearing  out  the  search  warrant,  the  costs  may  be  taxed  against  the 
complainant  and  execution  awarded  therefor. 

Sec.  20.  No  person  shall  be  excused  from  testifying  or  giving  evi- 
dence before  any  grand  jury  or  in  any  action,  proceedings  or  prosecution 
relative  to  any  violation  of  this  Act,  on  the  ground  that  his  testimony 
or  evidence  might  or  would  tend  to  incriminate  him,  but  no  such  testi- 
mony or  evidence  shall  in  any  manner  be  used  against  him  in  any  action 
or  prosecution  for  any  crime,  misdemeanor  or  forfeiture  under  any  law 
or  municipal  ordinance  of  this  State,  except  for  perjury  committed  in 
giving  his  testimony  or  evidence:  Provided , that,  such  immunity  shall 
extend  only  to  a natural  person,  who  in  obedience  to  a subpoena,  gives 
testimony  under  oath  or  produces  evidence,  documentary  or  otherwise, 
under  oath. 

Sec.  21.  If  any  lessee  or  tenant  of  any  building  or  premises  uses 
such  building  or  premises,  or  any  part  thereof  in  maintaining  a common 
nuisance,  as  defined  in  this  Act,  or  permits  such  use  by  another,  such 
use  shall  work  a forfeiture  of  all  rights  of  the  lessee  or  tenant,  and 
render  void  the  lease  or  contract  of  rent  upon  such  building  or  premises, 
and  shall  cause  the  right  of  possession  to  forthwith  revert  to  the  owner 
or  lessor,  who  may  make  immediate  entry  upon  the  premises,  or  may 
avail  himself  of  any  and  all  remedies,  either  at  law  or  in  equity. 

Sec.  22.  Whoever  knowingly  permits  any  buildings  or  premises,  or 
any  part  thereof,  owned  or  leased  by  him,  or  under  his  control,  to  be 
used  to  keep  or  maintain  a common  nuisance,  as  defined  in  this  Act, 
or  after  being  notified  of  such  use,  omits  to  take  all  reasonable  measures 
to  eject  therefrom  the  person  so  using  the  same,  shall  be  deemed  guilty 
of  keeping  and  maintaining  such  common  nuisance  and  shall  be  pun- 
ished accordingly. 

Sec.  23.  In  all  prosecutions  and  proceedings  under  this  Act,  by 
indictment,  information,  complaint  or  otherwise,  it  shall  not  be  neces- 


17 


i:  sary  to  state  the  kind,  nor  the  quantity  of  intoxicating  liquor,  manu- 
' factored,  kept  for  sale,  used,  disposed  of,  or  transported;  nor  to  describe 
|:  the  place  where  the  offense  was  committed,  except  that  nuisances  and 
I places  to  be  searched  shall  be  described  in  the  manner  herein  provided ; 
, nor  to  show  the  knowledge  of  the  principal  to  convict  for  the  acts  of  an 
I agent,  clerk  or  servant.  All  courts  in  this  State  shall  take  judicial  notice 
| of  all  prohibition  territory.  If  any  person  shall  be  convicted  of  vio- 
| lating  any  provision  of  this  Act  and  shall  subsequently  violate  any  pro- 
§ vision  of  this  Act,  it  shall  not  be  necessary  to  set  out  such  former  con- 
viction at  length,  but  it  shall  be  sufficient  to  state  in  that  regard,  the 
time  when,  and  the  name  of  the  court  where  such  former  conviction 
t was  had.  All  record  books  of  carriers  and  druggists,  statements,  pre- 
scriptions,  and  waybills  used  in  handling,  shipping,  transporting,  de- 
livering or  dispensing  any  intoxicating  liquor,  under  this  Act,  or  a 
sworn  or  examined  copy  thereof,  shall  be  prima  facie  evidence  of  the 
facts  therein  stated  in  all  courts  of  this  State.  The  issuance  of  an  in- 
ternal revenue  special  tax  stamp  or  receipt  by  the  United  States  to  any 
i person  as  a wholesale  or  retail  dealer  in  liquors  or  in  malt  liquors  at 
any  place  within  prohibition  territory  shall  be  prima  facie  evidence  of 
| the  keeping  for  sale  of  intoxicating  liquor  by  such  person  at  such  place; 
> or  at  any  place  of  business  of  such  person  within  prohibition  territory 
i where  such  stamp  or  receipt  is  posted  and  at  the  time  charged  in  any 
I suit  or  prosecution  under  this  Act : Provided , such  time  is  within  the 
I life  of  such  stamp  or  receipt.  If  any  fluid,  in  or  about  any  place  for 
the  search  of  which  a warrant  has  been  issued  or  is  about  to  be  issued; 
| be  poured  out  or  otherwise  destroyed  at  the  time  or  before  such  place  is 
I searched,  manifestly  for  the  purpose  of  preventing  its  seizure,  such 
| pouring  or  destruction  shall  be  prima  facie  evidence  that  such  fluid  was 
| intoxicating  liquor  and  was  then  and  there  kept  or  transported  in  vio- 
: lation  of  this  Act. 

OPINION  OF  ATTORNEY  GENERAL. 

The  opinion  of  Attorney  General  Edward  J.  Brundage  from  which 
I Governor  Lowden  quoted  was : 

Hon.  Frank  0.  Lowden,  Governor  of  Illinois,  Springfield,  Illinois. 

Sir:  You  ask  me  whether,  under  the  terms  of  Senate  Bill  No.  130, 
I passed  by  the  Fifty-first  General  Assembly  known  as  the  Search  and 
f Seizure  Law,  the  language 

“give  away,  or  dispose  of,  or  aid  any  person  in  procuring  any  intoxi- 
cating liquor  in  any  quantity  whatsoever” 

I is  construed  to  mean  that  a person  would  not  be  permitted  to  serve 
I intoxicating  liquors  to  members  of  his  own  family  in  his  own  home  or 
f apartment,  or  to  bona  fide  guests  in  the  ordinary  courtesy  of  hospi- 
I tality. 

Section  3 of  the  Search  and  Seizure  Act  provides, 

“whoever  shall,  within  prohibition  territory,  by  himself  or  another, 
either  as  principal,  clerk  or  servant,  in  any  manner  manufacture,  keep 
for  sale,  order,  purchase,  receive,  transport  upon  any  highway,  cause  to 
be  transported  upon  any  highway,  take  an  order  for,  sell,  give  away  or 


18 


dispose  of,  or  aid  any  person  in  procuring  any  intoxicating  liquor,  in 
any  quantity  whatsoever,  shall  be  punished  in  the  manner  prescribed 
in  section  eight  (8)  of  this  act: ” 

This  statute  is  highly  penal  in  its  provisions  and,  according  to 
well-recognized  canons,  must  be  construed  strictly  keeping  in  mind 
the  great  central  object  the  Legislature  had  in  view  in  its  enactment, 
and  the  evils  to  be  prevented.  The  title  of  the  Act  is 

“An  Act  to  restrict  the  manufacture,  possession  and  use  of  intoxicating 
liquor  within  prohibition  territory.” 

A reading  of  the  entire  Act  discloses  the  fact  that  the  Legislature 
intended  by  this  law  to  prohibit  the  manufacture,  transportation,  sale 
and  trafficking  in  intoxicating  liquors,  except  for  medicinal,  sacra- 
mental, chemical  and  manufacturing  purposes.  The  law*  does  not  seek 
to  interfere  with  the  private  stock  of  intoxicating  liquors  now  in  the 
possession  of  the  householder.  Since  the  reading  of  the  entire  law 
discloses  that  the  Legislature  did  not  intend  to  interfere  with  the  posses- 
sion of  the  private  stock  of  intoxicating  liquor  held  by  a householder, 
did  the  Legislature,  in  commanding  that  a person  should  not 

“give  away  or  dispose  of,  or  aid  any  person  in  procuring  any  intoxicat- 
ing liquor  in  any  quantity  whatsoever” 

intend  by  this  language  that  none  except  the  owner  of  the  intoxicating 
liquor  could  lawfully  consume  any  of  this  private  stock? 

The  courts  of  this  State  have  construed  that  portion  of  the  statute, 
known  as  the  Dram  Shop  Act  of  March  30,  1874,  which  prohibits  the 
giving  of  intoxicating  liquors  to  minors,  habitual  drunkards  and  persons 
while  intoxicated,  but  the  general  purposes  of  the  Dram  Shop  Act  of 
1874  are  so  dissimilar  to  the  present  Search  and  Seizure  Law  that  they 
furnish  no  guide  in  the  solution  of  our  problem. 

The  State  of  Michigan  has  a law  very  similar  to  our  Search  and 
Seizure  Law  and  similar  phraseology  has  been  construed  by  the  Supreme 
Court  of  Michigan,  in  the  case  of  The  People  v.  Myers , 161  Mich.  40. 
In  this  case  the  defendant  was  the  clerk  of  the  hotel  and  boarded  and 
lodged  therein.  He  furnished  lager  beer  gratuitously  to  two  dining-room 
girls  in  the  room  of  one  of  them,  for  social  purposes.  The  principal 
question  raised  by  the  appeal  was  the  constitutionality  of  the  law,  so 
far  as  it  concerned  the  giving  away  of  liquor.  The  statute  of  Michigan 
under  which  this  was  tried,  provides : 

“that  it  shall  be  unlawful  for  any  person,  directly  or  indirectly,  himself 
or  by  his  clerk,  agent,  or  employee,  to  manufacture,  sell,  keep  for  sale, 
give  away  or  furnish  any  vinous  malt,  brewed,  fermented,  spirituous  or 
intoxicating  liquors  or  any  mixed  liquor  or  beverage,  any  part  of  which 
is  intoxicating,  or  to  keep  a saloon,”  etc. 

The  court  says  on  page  44  of  the  decision : 

“The  first  section  makes  it  unlawful  for  any  person  to  give  away 
such  liquors;  and  the  act  has  been  repeatedly  held  constitutional  in 
every  respect.  The  general  liquor  law  deals  with  the  regulation  of  a 
legitimate  business;  the  local  option  law  was  intended,  in  my  opinion, 
not  only  to  wipe  the  business  out  of  existence  in  the  county,  but  to 
prevent  the  inhabitants  of  the  county  from  obtaining  liquor  within  the 
county.  For  the  latter  purpose  the  act  prohibits  any  person  from 
giving  away  intoxicating  liquor  and  thereby  heads  off  the  numerous 
subterfuges,  which  would  interfere  with  the  enforcement  of  the  law. 
We  have  held  that  the  statute  was  not  intended  to  prohibit  the  indi- 


19 


I vidual  use  of  intoxicating  liquors  nor  to  invade  the  privacy  of  the  home 
B'  and  interfere  with  the  owner’s  decent  exercise  of  hospitality  toward  his 

R guests,  but  we  do  not  think  the  terms  of  the  act  warrant  a further 

I:  limitation  of  its  operation.” 

The  Supreme  Court  of  Michigan  again  passed  on  this  same  ques- 
H&ion  in  the  case  of  People  v.  Peterson , 156  Mich.  235.  After  quoting 
m the  same  section  1 above  quoted,  the  court  says : 

‘The  object  of  the  act  is  to  prohibit  the  manufacture  of,  and  all 
traffic  in  liquors.  It  can  not  be  reasonably  construed  so  as  to  apply  to 
the  individual  use,  or  the  keeping  for  use,  of  liquors  by  citizens. 
Whether  an  individual  might,  even  in  his  own  house,  dispense  liquors 
purchased  and  kept  for  his  own  use,  in  such  manner  as  to  make  his 
conduct  obnoxious  to  the  law,  is  a question  not  presented.  In  this  case 
respondent  served  eleven  pint  bottles  of  beer  to  a large  number  of 
guests  who  visited  his  home  upon  the  occasion  of  the  birthday  anni- 
versary of  his  daughter.  It  was  a surprise  party.  The  beer  was  not 
purchased  for  the  occasion  and  it  is  not  claimed  there  w*as  any  inten- 
tion to  violate  or  to  evade  the  law.” 

The  Supreme  Court  of  Michigan,  in  this  case  reversed  a conviction 
| sustained  by  the  trial  court. 

It  is  my  opinion  that  the  provisions  of  the  Search  and  Seizure  Law, 

I"  forbidding  a person  to 

“give  away  or  dispose  of,  or  aid  any  person  in  procuring  any  intoxi- 
cating liquor  in  any  quantity  whatsoever,” 

when  construed  with  all  the  provisions  of  the  Search  and  Seizure  Law, 
would  not  make  it  unlawful  for  a person  to  serve  intoxicating  liquors 
p to  his  family  or  Iona  fide  guests  in  his  residence  or  apartment  in  the 
r course  of  the  hospitality  ordinarily  shown  guests. 

You  also  ask  me  to  render  you  an  opinion  as  to  whether  the  pro- 
l visions  of  section  15  of  the  Search  and  Seizure  Law  declare  a place  a 
r common  nuisance  in  which  intoxicating  liquor  is  used.  Section  13  of 
- said  Act  provides : 

“All  places  within  prohibition  territory,  where  any  intoxicating 
liquor  is  manufactured,  kept  for  sale,  used,  or  in  any  manner  disposed 
of  in  violation  of  any  provision  of  this  act,  shall  be  taken  and  held 
and  are  hereby  declared  to  be  common  nuisances  and  may  be  abated 
as  such:  * * *” 

My  attention  has  been  called  to  opinions  written  by  very  eminent 
members  of  the  bar,  who  contend  that  this  language  should  be  construed 
to  mean  that  any  place  where  intoxicating  liquors  are  used  is  declared 
I to  be  a nuisance.  I can  not  agree  with  this  construction  of  this  law.  In 
arriving  at  the  meaning  of  the  language  of  section  15,  this  language 
f should  be  construed  with  all  the  other  provisions  of  this  law,  together 
f with  the  intention  of  the  Legislature  in  passing  the  law,  and  taking  into 
? consideration  the  evils  which  are  sought  to  be  remedied  by  the  law. 

Section  3 of  the  law  enumerates  all  those  things  which  are  for- 
; bidden.  Section  3 does  not,  in  terms,  forbid  the  use  of  intoxicating 
y liquor.  The  Legislature,  by  the  enactment  of  section  15  of  this  law, 
i evidently  did  not  intend  to  enumerate  any  Acts  as  unlawful,  other  than 
r.  those  that  are  made  unlawful  by  section  3 of  the  Act.  The  evident 
v intention  of  section  15  of  the  Act  is  to  declare  those  places  to  be  com- 
I 

I 


20 


mon  nuisance  in  which  the  Acts  forbidden  in  section  3 of  the  Act  arej 
performed.  If  the  language  of  section  15  were, 

all  places  within  prohibition  territory,  where  any  intoxicating  liquor 
is  manufactured,  kept  for  sale,  or  used,  shall  be  taken  and  held  and 
are  hereby  declared  to  be  common  nuisances, 

there  would  be  ground  for  sustaining  the  construction  contended  for 
that  this  law  intended  to  prohibit  the  use  of  intoxicating  liquors.  But 
this  section,  as  enacted,  provides  that 

“all  places  within  prohibition  territory,  where  any  intoxicating  liquor 
is  manufactured,  kept  for  sale,  used , or  in  any  manner  disposed  of  m 
violation  of  any  provision  of  this  act,  shall  be  taken  and  held  and  are 
hereby  declared  to  be  common  nuisances.” 

I can  find  nothing  in  the  reading  of  the  entire  bill  which  would 
lead  me  to  the  conclusion  that  the  Legislature  intended  to  prqhibit  the 
use  of  intoxicating  liquor. 

It  is  my  opinion  that  the  mere  use  of  intoxicating  liquor  by  an 
individual  is  not  forbidden  by  the  provisions  of  this  law,  and  that 
places  where  intoxicating  liquors  are  used,  in  any  manner  that  is  not 
in  violation  of  the  provisions  of  this  Act,  do  not  render  such  places  a 
common  nuisance. 

The  Legislature  had  in  mind,  in . the  passage  of  the  Search  and 
Seizure  Law,  the  recent  amendment  to  the  Constitution  of  the  Lnited 
States  prohibiting  the  importation,  manufacture,  transportation  and 
sale  of  intoxicating  liquors.  This  Act  is  designed  to  do  away  with  the 
liquor  traffic  except  for  medicinal,  sacramental,  chemical  and  manu- 
facturing purposes.  The  law  contemplates,  by  forbidding  the  trans- 
portation upon  any  highway  or  the  selling  or  buying  of  any  intoxicating 
liquors,  that  the  traffic  shall  eventually  be  done  away  with.  The  Legis- 
lature was  obliged  to  deal  with  the  situation  that  many  householders 
had  intoxicating  liquors  in  their  possession  that  will  be  consumed  before 
the  traffic  will  be  entirely  done  away  with,  except  for  the  limited  pur- 
poses described  in  the  Act.  The  law  provides  for  confiscation  and  de- 
struction of  this  intoxicating  liquor,  now  in  the  possession  of  the  indi- 
vidual, only  in  case  it  is  sold  or  disposed  of  contrary  to  the  spirit  of 
this  law. 

You  also  ask  me  the  question  whether  the  State’s  attorney  of  the 
county  has  full  control  of  a proceeding  in  which  a search  warrant  is 
taken  out  to  search  for  intoxicating  liquors. 

My  reply  is  that  no  different  rule  applies  to  this  proceeding  than 
applies  to  other  criminal  and  quasi  criminal  proceedings  under  the  law. 
An  individual  may  make  complaint  before  a judge  that  he  has  just  and 
reasonable  grounds  to  believe,  and  does  believe,  that  intoxicating  liquor 
is  manufactured  and  kept  for  sale,  used,  disposed  of,  or  transported  in 
violation  of  any  law  of  this  State,  and  further  setting  forth  the  facts 
upon  which  such  belief  is  based  and  the  judge  may  issue  a search  war- 
rant if  a proper  showing  is  made.  This  may  be  done  without  the  con- 
sent of  the  State’s  attorney  or  without  consulting  the  State’s  attorney. 
The  search  warrant  is  not  a new  remedy  under  our  law..  We  have  at 
the  present  time  statutes  permitting  the  searching  of  buildings  for 
stolen  goods,  for  counterfeit  money,  for  obscene  literature,  for  lottery 
tickets,  for  gambling  apparatus,  and  for  public  books  and  records  with- 


21 


lield  by  a public  official  from  his  successor  in  office.  The  search  war- 
cants,  under  these  several  statutes,  are  rarely  invoked  and  there  is  no 
3omplaint  that  there  has  been  abuse  of  the  privacy  of  business  places  or 
residences  by  the  misuse  of  the  search  warrant  under  these  several 
statutes.  The  precedents  that  have  been  established,  under  these  several 
Statutes,  will  be  largely  followed  in  the  proceedings  under  the  Search 
ind  Seizure  Law  under  discussion.  The  powers  and  duties  of  the  State’s 
attorney  under  this  law  will  not  be  different  than  under  the  other 
Search  and  Seizure  Laws  referred  to. 

You  also  ask  me  whether,  under  any  circumstances,  it  would  be 
Lawful,  under  the  provisions  of  this  law,  to  search  a private  residence 
for  intoxicating  liquors  in  a place  where  the  householder  has  intoxicat- 
ing liquor  in  his  possession  for  his  own  use  and  for  the  use  of  his  family 
and  bona  fide  guests. 

My  reply  is  that  there  is  no  warrant  of  law  for  a search  and  seizure 
af  intoxicating  liquor  in  a private  residence  on  this  state  of  facts. 

Yours  very  truly, 

Edward  J.  Brundage,  Attorney  General. 

STATEMENT  ON  SEARCH  AND  SEIZURE  ACT. 


The  Federal  Act  of  November  21,  1918,  provides  that  “after  June 
•30,  1919,  until  the  conclusion  of  the  present  war  and  thereafter  until 
-;he  termination  of  demobilization,  the  date  of  which  shall  be  determined 
and  proclaimed  by  the  President  of  the  United  States,  no  beer,  wine,  or 
jother  intoxicating  malt  or  vinous  liquor  shall  be  sold  for  beverage 
• purposes.”  « 


The  Search  and  Seizure  Act  of  this  State,  now  in  force,  prohibits 
-the  sale  within  prohibition  territory  of.  any  intoxicating  liquor. 

“Prohibition  territory”  is  defined  to  mean 

“All  territory  in  this  State  within  which  by,  under  or  through  any 
ordinance  of  any  municipality  or  any  statute  or  statutes  of  this  State 
or  any  statute  or  statutes  of  the  United  States,  the  sale  of  intoxicating 
liquor  or  the  licensing  of  such  sale  is  prohibited,  with  or  without  ex- 
ceptions or  limitations:  Provided,  the  phrase  ‘prohibition  territory' 
shall  not  be  construed  to  include  territory  within  which  a municipal 
ordinance  providing  for  the  granting  of  dram  shop  licenses  within  such 
territory  is  in  force  and  not  suspended,  and  provided  that  during  the 
period  that  any  statute  of  the  United  States  prohibiting  the  sale  of 
intoxicating  liquor  is  in  force  all  ordinances  providing  for  the  granting 
of  dram  shop  licenses  shall  be  suspended.” 


r,:  “Intoxicating  liquor”  is  defined  by  the  Search  and  Seizure  Act  to 

? include  all  distilled,  spirituous,  vinous,  fermented  or  malt  liquors  which 
.contain  more  than  one-half  of  one  per  cent  by  volume  of  alcohol. 

It  will  be  seen  that  whatever  interpretation  may  be  placed  by  the 
Federal  courts  upon  the  term  “intoxicating  liquor”  as  used  fin  the 
Federal  Act,  the  sale  of  intoxicating  liquor  in  this  State  is  prohibited 
by  the  Federal  law,  with  the  exception  of  those  liquors  containing  one- 
jhalf  of  one  per  cent  of  alcohol  or  less,  and  those  containing  the  per- 
I jcentage  which  Federal  courts  may  find  to  constitute  intoxicating  liquor. 
| The  entire  State  therefore  is  prohibition  territory,  unless  some  portion 


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thereof  is  excepted  by  the  provisos  of  that  portion  of  the  Search  ; 
Seizure  Act  above  mentioned. 

Prohibition  territory  does  not  include  territory  in  which  dram  s’ 
licenses  are  not  suspended.  The  Illinois  statute,  however,  in  terms  < 
tinctly  provides  that  such  licenses  shall  be  suspended  during  the  per  ; 
that  any  statute  of  the  United  States  prohibiting  the  sale  of  intoxicat 
liquor  is  in  force.  Eeading  this  last  proviso  in  its  relation  to  the  ent 
section,  it  is  manifest  that  the  meaning  is  that  the  ordinances  are  s 
pended  if  there  is  in  effect  any  Federal  statute  which  prohibits  the  s 
of  intoxicating  liquor,  with  or  without  exceptions  or  limitations.  Th._, 
is  such  a statute  in  force  and  therefore  all  ordinances  providing  for  t: 
granting  of  dram  shop  licenses  in  this  State  are  suspended.  The  resi 
therefore  is  that  the  Search  and  Seizure  Act  is  in  full  force  and  effc 
in  all  territory  of  the  State  of  Illinois. 

Of  course  the  holding  of  the  Attorney  General  of  the  United  Stal 
as  to  what  constitutes  intoxicating  liquor  within  the  meaning  of  t'. 
Federal  Act,  is  without  effect  upon  the  interpretation  of  the  Illinc] 
statute.  It  may  be  true  that  in  the  Federal  courts  the  Federal  law  w 
not  be  asserted  against  those  who  sell  liquor  which  according  to  t! 
ruling  of  the  Federal  authorities  is  not  intoxicating  liquor.  This  quel 
tion,  however,  is  distinct  from  the  questions  arising  under  our  Ural 
Shop  Act  and  under  the  Search  and  Seizure  Act.  In  the  State  cour 
the  provisions  of  the  State  law  will  be  enforced  and  the  determination  • 
what  is  prohibited  and  the  territory  within  which  it  is  prohibited  must  Ij 
determined  from  the  provisions  of  the  State  statute. 

Edward  ^J.  Brundage,  Attorney  General. 


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